District court — civil · Motions
Motion to Dismiss (Rule 12(b))
Seeks dismissal for lack of jurisdiction, improper venue, insufficient process or service, failure to state a claim, or failure to join a party.
Filed by: Any party
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Caption: court name, title of the action, file number and document designation (FRCP 10(a))
- Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
- Supporting memorandum of law (form and length set by local rule)
- Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
- Proposed order (required by many local rules)
- Signature of attorney of record with address, email and phone (FRCP 11(a))
- Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
- Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))
Deadline and length
Deadline: Before a responsive pleading is filed (FRCP 12(b)); defenses in Rule 12(b)(2)–(5) are waived if omitted (FRCP 12(h)(1)).
Governing rules
- FRCP 12(b)
- FRCP 12(g)–(h)
- FRCP 7(b)
Check the local rules for
- Font, spacing, margin and page-limit rules
- Hearing / notice-of-motion procedure and briefing schedule
- Meet-and-confer certification before filing
- Assigned judge’s individual practices or standing orders
Applies in federal district courts. Find your court for its local requirements.
Other motions
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Court-formatted template with this checklist built in, and brackets where your matter details go.